Methods and system for providing real time offers to a user based on obsolescence of possessed items

ABSTRACT

In a remote communication environment, a method for real-time presentation of information to one or more users accessing one or more websites using an electronic communications device. Various aspects of the method comprise at least the following. Communication is established via the electronic communications device between the user and the website to conduct one or more primary transactions. One or more electronic identifiers associated with the user are obtained. One or more further or additional data elements related to the user are obtained from a third party using the at least one electronic identifier. Based at least on the electronic identifier and the further data element, the information is selected for presentation to the user in real time with the primary transaction. The information is presented to the user in real time with the primary transaction.

CROSS-REFERENCE TO RELATED APPLICATIONS

This application is a continuation of U.S. patent application Ser. No.12/131,278, filed on Jun. 2, 2008, entitled METHOD AND SYSTEM FORPROVIDING REAL TIME OFFERS TO A USER BASED ON OBSOLESCENCE OF POSSESSEDITEMS, which in turn is a continuation of U.S. Pat. No. 7,386,485, filedon Jun. 25, 2004 and issued on Jun. 10, 2008, entitled METHOD AND SYSTEMFOR PROVIDING OFFERS IN REAL TIME TO PROSPECTIVE CUSTOMERS, which is acontinuation-in-part of U.S. Pat. No. 7,280,979, filed on Feb. 16, 2000and issued on Oct. 9, 2007, entitled METHODS AND APPARATUS FORINTELLIGENT, PURPOSE-BASED SELECTION OF GOODS AND SERVICES IN TELEPHONICAND ELECTRONIC COMMERCE, which in turn is a continuation of U.S. Pat.No. 6,055,513, filed on Mar. 11, 1998 and issued on Apr. 25, 2000,entitled METHODS AND APPARATUS FOR INTELLIGENT SELECTION OF GOODS ANDSERVICE IN TELEPHONIC AND ELECTRONIC COMMERCE.

The benefit of the filing dates of such patents and applications areclaimed to the fullest extent permitted by 35 U.S.C. §120, and thecontents of such patents and applications are incorporated herein bythis reference as if set forth verbatim herein.

FIELD OF THE DISCLOSURE

Methods and apparatus are provided for effecting commercial transactionsat remote locations over communication networks, especially telephonicand electronic commerce transactions. More specifically, the inventionsrelate to telemarketing and electronic commerce systems, and especiallythe intelligent product and service selection for proffer to a customer.Most particularly, they relate to the selection and offering of anupsell transaction, namely, where the product or service offered differsmaterially from the product or service for which the contact was made.

Telemarketing is a well-known form of remote commerce, that is, commercewherein the person making the sale or taking the sales data is not inthe actual physical presence of the potential purchaser or customer. Ingeneral operation, a prospective purchaser typically calls a toll-freetelephone number, such as an 800 number. The number dialed is associatedby the carrier as being associated with the telemarketer, and the dialednumber, typically taken automatically from the carrier (long distance)through use of the dialed number identification service (DNIS), isutilized to effect a database access resulting in a “screen pop” of ascript on a terminal for the telemarketer. In this way, when aprospective purchaser calls a given telephone number, a telemarketingoperator may immediately respond with a script keyed to the goods orservices offered. The response may be at various levels of specificity,ranging from a proffer of a single product, e.g., a particular audiorecording, or may be for various categories of goods or services, e.g.,where the dialed number is responded to on behalf of an entire supplier.Typically, the prospective purchaser is responding to an advertisementor other solicitation, such as a mail order catalog or the like, fromwhich the telephone number is obtained.

In a typical telemarketing application, the item for which the callermakes initial contact is the item which is ordered by the customer. Incertain instances, attempts are made to sell other goods or servicesdirectly related to the product for which contact was made. For example,if the initial contact was for audio recordings from a given singer, theadditional offer may relate to yet further recordings from that samesinger. Typically, the correlation between the products offered ispredefined, and does not vary depending on the caller.

More generally, the term electronic commerce has been utilized in abroad and evolving manner for remote commerce where at least a portionof the customer-to-seller contact is in electronic form. For example,various forms of electronic on-line shopping services exist. Proprietarycontent providers in a dial-up content or private networks, such asAmerica Online^(SM) (AOL), CompuServe^(SM) and Prodigy^(SM), offervarious electronic commerce shopping services themselves and access toshopping services by other vendors. Yet other electronic commerce isconducted on publicly available electronic communication networks, suchas the Internet which may be accessed through private networks such asAOL or alternatively through access providers such as Earthlink^(SM),AT&T WorldNet®, Netcom^(SM), or PSI Net^(SM). Currently, many Internetbased electronic commerce trading sites exist, are interconnected by theWorldwide Web (WWW).

In certain applications, electronic shopping malls are provided, whereinthe potential customer is provided access to a menu or other selectionof categories of goods and services. Typically, through the use of amenu-driven selection process, the potential customer may locate adesired good or service, or may be presented with information on thegoods or services which are available, though not specifically known tothe potential customer. By way of example, the menu-based selectionsystem may initially provide the customer with the option forinformation regarding car purchases, which when selected, presentsoptions regarding makes of cars, which when selected, provides modelinformation regarding cars of a selected model, which in turn thenprovides information regarding the selected model, and in certainapplications, may then lead to price and the ability data, as well asthe ability to indicate a desire to purchase the vehicle or to becontacted regarding it. Various search systems or search engines existwhich receive a user's input or search terms, which hopefully provideone or more responses or “hits” identifying potential sources ofinformation regarding goods and services.

One form of offer of goods or services in the realm of electroniccommerce are the so-called “push” systems. Typically, a user of asystem, such as an on-line information provider, e.g., AOL, or acontinuous information provider such as PointCast Network, will “push” aproduct or service at the user of the system, even though the contactwith the system was not necessarily for the purpose of any commercialtransaction. Typically, the pushed good or service is provided in anon-targeted manner, that is, wherein the proffer is made to many usersirrespective of differences between the users.

The use of telephonic systems to effect commercial transactions is nowwell known. For example, in Katz U.S. Pat. No. 4,792,968, filed Feb. 24,1987, and issued Dec. 20, 1988, entitled “Statistical Analysis Systemfor Use With Public Communication Facility”, an interactive telephonesystem for merchandising is disclosed. In one aspect of the disclosure,a caller may interact with an interactive voice response (IVR or ARU)system to effectuate a commercial transaction. For example, the callermay be prompted to identify themselves, such as through entry of acustomer number as it may appear on a mail order catalog. In aninteractive manner, the caller may be prompted to enter an item numberfor purchase, utilizing an item number designation from the catalog orotherwise interact with the system to identify the good or servicedesired. Provision is made for user entry of payment information, suchas the entry of a credit card number and type identifier, e.g., VISA,American Express, etc. Options are provided for voice recording ofcertain information, such as name, address, etc., which is recorded forlater processing, or in certain modes of operation, connecting thecustomer to a live operator for assistance.

In the non-electronic realm, targeted marketing has been utilized insales efforts. By way of example, targeted marketing such as the mailingor delivery of coupons to potential customers has been made. In certainapplications, the selection of customers for receipt of the coupons orother forms of inducement may be based on various factors, such asgeographic factors (zip code, zip code plus four, that is the finest zipcode based granularity), demographic data, suspected socioeconomicstatus, or other factors. In yet other applications, targeted marketingis effected through inclusion in specific magazines of selectedadvertisements or other inducements for perceived segments ofsubscribers of the periodical.

More recent applications for electronic commerce are described in KatzPCT Publication No. WO94/21084, entitled “Interactive System forTelephone and Video Communication Including Capabilities for RemoteMonitoring”, published Sep. 15, 1994. In certain aspects, theapplication provides systems and methods for conduct of electroniccommerce over communication networks, such as through the accessing ofsuch resources via an on-line computer service, wherein the commercialtransaction may be effected including some or all of dynamic video,audio and text data. Optionally, the system contemplates the interchangeof electronic commerce commercial data, e.g., electronic datainterchange (EDI) data, where on-line computer services are used by atleast certain of the potential purchasers to interface the system, suchas is used to access the Internet.

Various point-of-sale product inducement systems have been proposed.While many of the systems use electronics for their implementation, theydo not serve to provide remote commerce. Most typically, the primaryapplication for point-of-sale inducement systems are grocery store,coupon targeting systems. For example, Deaton et al., U.S. Pat. No.5,592,560 is entitled “Method and System for Building a Database andPerforming Marketing Based Upon Prior Shopping History”. The patentdiscloses a system principally for use in a supermarket. A checkverification database is utilized, which includes a scanner to scan thecheck to obtain identification information. The identificationinformation is used along with historical information regarding theconsumer to dispense a sales promotion at the point of sale to thecustomers who meet predetermined product purchasing history criteria.Various aspects of promotion are provided. For example, a frequentpurchaser who is deemed a “good” customer may be rewarded with certaintypes of coupons. In one aspect, a targeted marketing feature includes“dissemination of point-of-sale coupons and direct mail coupons basedupon scanned data”. In this embodiment, information regarding acustomer's purchases, such as obtained via the barcode scanner, isreviewed to determine what types of goods the consumer has notpurchased, and then attempts to induce them to purchase goods in thosedifferent lines. The text provides in pertinent part: “The technique . .. detects whether or not items have been purchased from the meatdepartment, dairy department or deli. Based upon data stored within thecomputer, the decision is then made as to whether to award a coupon andwhat type of coupon to award. For example, if the data illustrates thatover a period of time a shopper shows a consistent failure to shop atthe delicatessen, then when the customer's check identification isscanned into the check reader 119, the processor 110 pulls up thecustomer's history and generates a coupon to induce the customer to shopat the delicatessen the next time the customer shops. This inducing canbe done by providing the customer with a very high valued coupon usedonly for deli shopping.” (column 67, line 64 to column 68, line 10).This system is attempting to sell on the customer's next visit an itemoutside of the scope of their purchases.

Deaton et al. U.S. Pat. No. 5,638,457 is entitled “Method and System forBuilding a Database for Use with Selective Incentive Marketing inResponse to Customer Shopping Histories”. The system is used forentering a customer's identification code, and includes a memory forstoring the previous transaction information and a processor forawarding at a point-of-sale occasion incentive signals representative of“specific customer's dollar volume histories prior to the current visit,said inventive signals having different values in dependence upondifferent volume histories”. A printer is then used to print out coupons“redeemable at a future time in order to incent said customer to returnto the retail store”.

Deaton et al. U.S. Pat. No. 5,201,010 is entitled “Method and System forBuilding a Database and Performing Marketing Based Upon Prior ShoppingHistory”. The patent discloses the use of a database which is reviewedto determine a list of customers who have not shopped at the store sincea preselected date. Those persons are then singled out for marketing inan effort to induce them to return to the store.

Deaton et al. U.S. Pat. No. 5,327,508 is entitled “Method and System forBuilding a Database and Performing Marketing Based Upon Prior ShoppingHistory”. The patent discloses a system for utilizing a check reader foridentification of a customer, barcode reader for detecting UPC's andthen circuitry for determining “predetermined infrequent productpurchasing history criteria”, which when met, are used to incent thecustomer to purchase those items deemed infrequently purchased.

Deaton et al. U.S. Pat. No. 5,621,812 is entitled “Method and System forBuilding a Database for Use With Selective Incentive Marketing inResponse to Customer Shopping Histories”. It claims a system including acoupon printer for dispensing sales promotion material, “said salespromotion being efficiently directed towards only the class of saidcustomers who meet predetermined shopping history criteria”.

Deaton et al. U.S. Pat. No. 5,649,114 is entitled “Method and System forSelective Incentive Point-of-Sale Marketing in Response to CustomerShopping Histories”. The patent includes disclosure relating to variousforms of identification, such as from a magnetic stripe on a swipeshopping card, a “smart” card or manual input. The system alsocontemplates in one embodiment “electronic coupons”, such as may bestored on a “smart” card. In yet another aspect, the disclosure relatesto providing incentives, and then monitoring and recording the responseto the incentive. The incentives are then modified based upon either thesuccess or failure criteria. (FIG. 43). In yet another aspect, thesystem maintains an “incentive list” for a customer based upon a subsetof products that meet a preselected purchasing criteria. (FIG. 46).Targeted marketing may be provided based upon the types of productsbought by the purchaser or the department in the store from which theproducts were bought. (column 98, lines 22-26). In one aspect, theincentive items varies based upon knowledge of the consumer, such as thedollar volume spent per week on items. For example, a $2 off coupon maybe a strong incentive for a customer who spends $25 a week, but a lesssignificant incentive for a customer who spends $250 a week.

DeLapa et al. U.S. Pat. No. 5,353,218 is entitled “Focused CouponSystem”. The disclosure relates generally to merchandising systems andmore particularly to systems for generating and redeeming productdiscount coupons. The system is said expressly to be “a focused couponsystem . . . which is non discriminatory as to consumer income orminority status and which invites participation by any and allconsumers, with consumers being removed from the system only uponprolonged non-use”. The purported novelty resides in the inclusion ofboth identification and coupon information in one bar code, such thatthe combined information may be read by a single pass over aconventional scanning unit. An initial set of coupons is supplied to acustomer. Upon use of at least one of those coupons, a second set may beselected, wherein the second set includes “at least one coupon selectedas a function of the coupons the consumer used”. The specificationstates that: “Other consumption related information pertaining to theconsumer may be combined with the history of coupon use in order toselect coupons to transmit to the customer. This additional informationmay be obtained by a telephone interview with the consumer or by theconsumer completing a survey of questions.” (column 3, lines 37-43). Theselection of coupons or value may be based on various factors, such asproviding a relatively larger coupon for a non-customer, or to target aparticular department which had not been utilized by the consumer. (See,e.g., column 5, lines 25-37). A consumer profile database is generated,whether by obtaining data from a survey filled out by the consumer or bya telemarketer prompting the consumer to respond to questions. (See,e.g., column 9, lines 6-26).

Humble U.S. Pat. No. 4,825,045 is entitled “System and Method forCheck-Out Counter Product Promotion”. A point-of-sale scanner utilizesUPC data to generate a promotion, such as the generation in provision ofa coupon to a purchaser.

Schultz et al. U.S. Pat. No. 5,056,019 is entitled “Automated PurchaseReward Accounting System and Method”. The Schultz reference relates to areward based system which utilizes a scanning system for inputtingidentification and purchase information. A reward book identifyingrequired purchases is provided. Periodic status reports may be providedto potential customers.

Clarke U.S. Pat. No. 5,502,636 is entitled “Personalized CouponGenerating and Processing System”. The system generates and processespersonalized coupons. The system advises the customers of availablecoupons for predefined products. Customers advise the system of specificdesired coupons. Additionally, the system obtains profile informationfrom the responsive consumers. Redemption of coupons is monitored, andthe redemption data may be used to validate original consumer responsesand to provide future market research opportunities such as pollingresponsive customers and to enhance specific coupon databases.

Tai U.S. Pat. No. 4,908,761 is entitled “System for Identifying HeavyProduct Purchasers Who Regularly Use Manufacturers' Purchase Incentivesand Predicting Consumer Promotional Behavior Response Patterns”.Consumers are provided with coupons and “encoding devices”, which arepeelable, adhesive backed stickers having a barcode identifying thecustomer. The coupon preferably includes information regarding the itempurchased, such as particular goods, price and size. That information iscompiled and used in the next integration of the sending of coupons. Aninitial list of potential customers of the most likely heaviestpurchasers is based on a “geo-demographic lifestyle segmentation”.(column 4, lines 49-51). The demographic segmentation includescharacteristics such as income, profession, sex and age. (column 4,lines 54-55). Fifty homogeneous “clusters” or “segments” of types aredeveloped, and then the neighborhoods throughout the United States areassociated with a single cluster. Coupons are then distributed and theredemption monitored through the scanning of the encoding device whichincludes the identification information.

Off et al. U.S. Pat. Nos. 4,910,672, 5,612,868 and 5,173,851 areentitled “Method and Apparatus for Dispensing Discount Coupons” and“Method and Apparatus for Dispensing Discount Coupons in Response to thePurchase of One or More Products”. A discount coupon is provided at apoint-of-sale terminal. In one embodiment, the system issues“multiple-trigger” coupons, where the purchase of multiple products of agiven type within a category triggers a coupon. Another embodimentprints a “negative” coupon in response to the failure of the customer topurchase a selected trigger item. A third category is a “log-only”operation and a fourth aspect serves to generate an instantly redeemablediscount in response to purchases.

The foregoing coupon dispensing systems, by failing to intelligentlyanalyze the available data as to items actually purchased, may generateproposed coupon which are precisely wrong for a customer. For example,rather than attempting to discern that this customer may be a vegetarianbased upon the purchases actually made (as indicated, by, e.g., anabsence of purchases in the meat department), this system may attempt tosell “hamburgers to Hindus”, a useless, if not offensive, effort.

Various systems have been proposed which seek to measure potentialcustomer interest, or provide simple rules for product selection. Forexample, Cragun et al. (IBM) U.S. Pat. No. 5,504,675 is entitled “Methodand Apparatus for Automatic Selection and Presentation of SalesPromotion Programs”. A sales promotion program is dynamically selectedthrough use of a neural network depending on factors such as theproximity of a person to the display, number of persons responding tothe general attract loop and responses to the specific loop programs.The network can be retrained at regular intervals or in response tosales data or changes in the collected data. See, also, Bezus, U.S. Pat.No. 5,715,399, entitled “Secure Method and System for Communicating AList of Credit Card Numbers Over A Non-Secure Networks”.

Hey U.S. Pat. No. 4,996,642 is entitled “System and Method forRecommending Items” and U.S. Pat. No. 4,870,579 is entitled “System andMethod of Predicting Subjective Reactions”. The Hey patents disclose asystem and method of selectively recommending to a user items such asmovies sampled by one or more users in the group but not sampled by theselected user. The recommendation is based in part upon the user'spreviously sampled items and preferably upon the availability of theitem to be recommended. By way of example, a system for recommending avideo may be based upon the user's reaction to a movie previouslywatched, and a positive relationship between that movie and the movie tobe recommended, as well as availability of the video.

Various implementations of hardware systems for effecting electroniccommerce having been proposed. For example, Chelliah, et al.(Broadvision), U.S. Pat. No. 5,710,887, entitled “Computer System andMethod for Electronic Commerce”, incorporated herein by reference,describes one hardware implementation possibly useable for effectingelectronic commerce. Numerous other systems to effect functionalitiesare known to the art.

Mueller et al. U.S. Pat. No. 5,353,219 is entitled “Suggestive Sellingin a Customer Self-Ordering System”. A retail store based, touch screensystem is used for direct entry by customers of orders. A suggestiveselling subroutine displays a screen suggesting items from a primarycategory in the event that items have not been selected by the customerfrom a primary category. For example, on a fast food restaurant touchscreen order entry system, if the customer has not ordered a drink, butthe system otherwise understood that the customer had finished the orderentry, would prompt the customer with a display “would you like . . . arefreshing drink?”.

Atcheson et al. U.S. Pat. No. 5,583,763 is entitled “Method andApparatus for Recommending Selections Based on Preferences in aMulti-User System”. The system determines selections which a user is“likely to be interested in”. This determination is made based upon theuser's prior indicated preferences. Various user entered preferences arecompared with entries of other users, and users are paired where thereare a large number of overlaps in the indicated preferences. Therecommended selections are then based upon the as yet nonmatchingentries from the paired users.

Johnson U.S. Pat. No. 5,615,342 is entitled “Electronic ProposalPreparation System” and U.S. Pat. No. 5,625,776 is entitled “ElectronicProposal Preparation System for Selling Computer Equipment and CopyMachines”. A display provides product information from which theApplicant selects. Based upon the answers, a customized salespresentation is generated. The system selects information from a varietyof sources, such as current pricing information and current productinformation. A personalized proposal is thereby created.

Suzuki U.S. Pat. No. 5,053,957 is entitled “Electronic Cash RegisterHaving Discount Prices Select by Customer Level”. An electronic cashregister receives as input an indication of a “customer level” which isused to select a price for a specified good. The various customer levelsmay include differentiations based upon whether the customer is anemployee, stockholder or the like.

Suda U.S. Pat. No. 5,481,094 is entitled “Point-of-Sale Terminal”. Apoint-of-sale terminal provides a “package” discount with respect tocommodities previously purchased. A scanner monitors items selected anddetermines whether the package of goods has been purchased. A packagemay comprise a bundle of goods, such as specified cookies, candies andchocolate or may be in a pair match arrangement, such as a bottle ofshampoo and conditioner. Discount prices are then provided if the batchor pair exists within the selected items.

Lockwood U.S. Pat. No. 5,576,951 is entitled “Automated Sales andServices System”. A system composes individualized sales presentationsfor a prospective customer created from various textual and graphicalinformation data sources to match the customer profile. The salespresentations are composed based upon, among others, customer profileinformation, and sales agent assessment data.

Various financial websites exist which typically permit individual usersto access personal account information, typically requiring two items ofidentification for entry, such as a social security number or customeridentification number and password. Typically, in addition to theprovision of financial information, such systems permit on-line tradingof financial instruments. In one such system, sponsored by FidelityInvestments, denominated WebExpress, a user may provide specificinstructions for transactions. If desired, the website may be used,through a hyperlink arrangement, to access further information onfinancial instruments, such as prospectus information or otherhistorical information. Additionally, the system includes a mutual fundevaluator in which the user is presented with a series of questionsrelating to specific parameters, such as to the type of fund in whichthe user is interested, e.g., a growth fund, a growth and income fund .. . , and some measure of their risk averseness. Based upon the user'sresponses, the system lists various funds deemed to meet those searchcriteria. However, the system does not provide specific recommendationsor optimize the results, but rather, merely lists funds responsive tothe criteria selected by the user. Schwab, another financial servicesprovider, also includes an asset allocation module accessible by itswebsite. User entry of information in response to questions (e.g.,user's age, years to retirement, risk tolerance, financial goals) isthen used to provide a recommended asset allocation, but not specificfinancial instruments.

Various web-based electronic systems exist wherein some form of itemrecommendation may be made to the potential purchaser on the user'srequest. The on-line bookstore AMAZON.COM includes a “RecommendationCenter”, which is selected as one option by the user. An “instantrecommendations” feature makes recommendations based on the user's pastpurchases at AMAZON.COM. The BookMatcher^(SM) permits user entry ofauthors and book type (e.g., histories, mysteries) and to indicatewhether they like them or dislike them, and the MoodMatcher permits userentry of occasions, whereupon recommendations are made. The CustomerBuzz feature identifies titles other customers have reviewed in thegreatest number and with the greatest passion. Finally, the “if you likethis author . . . ” feature permits user entry of author identity, andthe system suggests another believed to be of interest to the user.

Yet another deficiency of certain of the prior art systems is in theirfailure to incentivise the potential customer in real time. Often times,the best time to offer incentives or alternatives for purchases when thecustomer has already manifested a desire or interest to purchase.Despite the efforts made over a significant period, an effective, usefulsystem for the intelligent, automated provision of goods and services inthe telephonic and electronic commerce areas has been made.

SUMMARY OF THE DISCLOSURE

Apparatus and methods are provided for effecting remote commerce, suchas in telemarketing (either inbound or outbound) and in electroniccommerce, which are particularly adapted for the intelligent selectionand proffer of products, services or information to a user or customer.In one implementation of the invention, the system and methods obtaininput information for the system from a primary transaction, identifyone or more goods or services for possible proffer and upsell to thecustomer based at least in part upon the primary transaction datainformation provided to the system, and thereafter, offer the user orcustomer one or more items determined to be among the optimum upsells.

In one aspect of the invention, a method provides offers of an itemconstituting a good or a service in the form of an offer for purchase ofthe item to potential customers as users of the system, utilizing anelectronic communications device, such as a telephone, videophone orcomputer, comprising the steps of, first, establishing communication viathe electronic communications device between the user and the system forpurpose of a primary transaction, second, obtaining primary transactiondata with respect to the transaction, including determining the identityof the prospective customer, third, obtaining at least a second dataelement relating to the user for the upsell determination, fourth,utilizing at least in part the primary transaction data and the seconddata element and determining at least one good or service item forprospective upsell to the prospective customer, and fifth, offering theitem to the prospective customer.

In the preferred implementation of the inventions, the input informationfor the system includes primary transaction data and at least a seconddata element obtained from a database, especially a remote, third partydatabase or databases. Primary transaction data may include datarelating to or reflecting the initial or primary contact from thecustomer to the system. In operation, one or more databases may beaccessed, either in parallel or series, to collect and assemble inputinformation for the system to determine the upsell or intelligentproduct selection.

One example of primary transaction data includes transaction determiningdata, which provides an indication of the purpose of the call, forexample, whether the primary contact was for purchase of a product, fora service request or an inquiry. Such transaction determination data mayeither be used to consummate the primary transaction or not. By way ofexample, a user initiating remote contact with a source of sales orservices might initially contact the source desiring repair of adefective product, whereupon the transaction determination dataindicating a repair contact may then be used as an input to the systemidentifying responses to be proffered. In such a circumstance, while theprimary transaction data reflect a service contact, the customer may beoffered in response a sales transaction for a new product which includesthe functionalities of the product which formed the basis for theprimary transaction.

Yet another aspect of primary transaction data may include customeridentification data. Such data may be specific data in that it uniquelyidentifies the contact, such as in person specific data comprising anelectronic address, an e-mail address, customer number, billing data orcredit card number. Customer identification data may in some instancesbe less than person specific data, such as residence specific data. Forexample, a caller's telephone number, such as may be automaticallysupplied by the automatic number identification (ANI) service or otherforms of caller identification, may identify a customer to the level ofa residence. Optionally, additional data may be requested so as tospecify a subset, e.g., a unique resident, from the household. At yet aless specific level of geographic granularity, identification data mayinclude zip code data or other geographic identifier. Identificationdata may be obtained automatically from a carrier, such as through theuse of ANI for telephonic communications, or through an electronicidentifier for electronic commerce, such as transactions over theInternet. Alternatively, nonautomatic entry may be utilized, such aswhere the customer or operator effects data entry. Further examples ofcustomer identification data, or electronic identifiers for electroniccommerce, might include “cookies”, which are small text files stored onclient systems after visits to a website. The cookies could contain dataidentifying either a specific user, or identifying a given computersystem accessed by given users. One non-limiting example of such awebsite could include a home page for an Internet search engine.Customer identification data, or electronic identifiers for electroniccommerce, can also be obtained directly from the user during aregistration, enrollment, or login function by which the user becomequalified to receive either basic or enhanced services associated with awebsite. Information from the registration, enrollment, or similarprocesses can be stored in profiles for later reference.

Yet further aspects of the input information for the system may includea correlation system for matching primary transaction data or otherinput data with a corresponding or keyed designator number for obtainingyet further input information. For example, while an initial contact toa telemarketer may automatically obtain the caller's telephone number,such as from ANT, a correlation system may then provide a designator,such as a social security number, which may be utilized as an index orkey for accessing yet further data bases or sources of information. Forexample, a caller's telephone number as provided as primary transactiondata via ANI may through the correlation system result in a socialsecurity number or credit card number which may then be used todetermine the credit worthiness of the caller from a database check. Thecollection of input information for the system may be effected basedupon local resident databases, such as a telemarketer's database, orthrough use of third party databases, such as credit card or creditworthiness databases, or possibly, a combination of both local andremote databases. Any form or content for a local or remote database maybe utilized which is consistent with the goals and objects of theinvention.

Beyond credit databases and identification databases, numerous otheroptions may be utilized. A demographic database may be utilized toidentify direct or predicted attributes of the customer. Specific inputinformation regarding the customer, such as age, sex, income,profession, education level, family status, lifestyle, and/or interests,may be used as separate and discrete inputs, or may be effectivelycombined to provide a coded designator based upon demographics,socioeconomic analysis or otherwise to provide a coded designator. Athird party database provider, such as a credit card issuer (e.g., Visa,MasterCard, American Express), may not wish to provide specific, rawdata with respect to a user, such as where they would specificallyidentify a customer's income as may be known to the credit card issuerthrough the credit application. In such circumstances, processed datamay be provided such as through the use of the coded designator,previously mentioned. In this way, the third party database may provideresponsive, effective information for the upsell determination, but yetpreserve in confidence the specific details known to it regarding theuser which is a customer of both the upsell service and the credit cardcompany. Yet another type of third party database may includesubscription information, such as telephone services subscriptioninformation as maintained by telephone companies or other carriers. Suchinformation may include the types of service, such as call waiting,three-way conferencing or the like.

Yet another possible input to the system includes inventory data. Suchdata serves to minimize or preclude the offering of goods or services toa potential customer which are not then available, or which will not beavailable in a timely manner. Such inventory information may be used ina positive manner, such as an input for possible offers of an upsell, orin a negative manner, such as where a potential upsell has beendetermined but is then deleted from the possible proffers based upon itsundesirable inventory status.

Yet another class of database information may include third partydatabases relating to items believed to be possessed by or desired bythe customer. For example, a possession database may indicate that thesystem user possesses a certain formal ware pattern, or has a certainnumber of place settings of a pattern. The status information regardingthe possession and/or completeness of a set may be utilized as an inputto the system to identify an upsell to the customer. In yet anotheraspect, a registry database which reflects desired goods or services maybe consulted as yet further input information for the system foridentifying the proffer.

The system for identifying the potential proffer utilizes the inputinformation so as to generate one or more outputs comprising potentialproffers to the user. Various selection methodologies are available,including historical selection criteria keying the proffer to what haseffectively resulted in sales or successful transactions in the past, orproffers based upon demographic profile or other inputs as a designatorfor a potential upsell. In yet other selection methodologies, themesales may be utilized such as where further goods are required tocomplete a set, such as a formal ware set.

In yet other aspects, the invention may include actions taken upon thehistorical factors relating to a specific customer or customer type. Forexample, the system may adapt to reduce the number or frequency ofupsells if it is determined that the customer is unlikely to purchase,or a pattern or time basis to the customer's purchasing is detected orexpected. Yet another historical factor may include a quality factor,such as where it has been determined or assumed that the customer isinterested in a certain level of quality, and accordingly, the selectionof the proffer is based in part upon the quality. In yet another aspectbased upon historical factors for a specific customer, knowledge of auser's possession, such as based upon a prior purchase, may be utilizedin the proffer. For example, where a computer sales entity possesses theknowledge that the customer owns a particular model of computer, thatinformation may be utilized in the selection of a proffer, such as inthe offer of increased computer memory, a new version of a softwareapplication or the like. Yet another historical factor may includeobsolescence of possessed materials, such as through the passage of timewhereby the possessed item becomes worn, outdated, or outgrown.

In the electronic commerce and website context, the above historicalfactors that are associated with given users may include, for example,data representing key word searches previously performed by given userson search engine websites, or data provided by users when enrolling orregistering for either basic or enhanced services provided by suchwebsites. This data representing such historical factors (e.g., previouskeyword searches) could reside on either the client end or the serverend of the system, assuming an implementation of the well-knownclient-server network protocol. The various forms of historical data orfactors could be considered severally or in combination to determine theitem, information, or results to be presented to the user, and also todetermine the ranking, order of, or mode in which such item,information, or results are presented.

Yet other factors affecting the upsell may be based beyond thoseparticular to the user. For example, proximity to key calendar eventsfor others, birthdays, anniversaries or other typical gift giving days,may be utilized as a factor in the selection of the upsell. Further, thetime of the contact may be utilized, such as where a user contacts thesystem during the nighttime, wherein an upsell more likely to sell to a‘night owl’ will be offered as opposed to what is believed toeffectively sell to a ‘morning person’. Offers may vary based upon dayof the week, or day of the month, such as correlation or actual orexpected paydays.

In one aspect of the invention, multiple actions may be taken in onetransaction. For example, while a credit verification is being effectedfor a primary transaction, a second credit check may be performed todetermine available credit, which is in turn used as an input to theupsell determination system. In yet another aspect, multiple upsells maybe selected, whereby multiple potential purchases are offered to theuser either simultaneously or serially, and if serially, the reaction toan earlier offer may be utilized in the decision for subsequent offers.

After the upsells have been identified, they are offered to the user. Inthe telemarketing application, a script directed towards the sale of theselected product is provided to the telemarketing representative. In anelectronic commerce environment, a display or other communication of theoffer is made, such as through textual data, video, and/or audiocommunication. Additionally, information may be provided by additionalor other modes of communication, such as e-mail, facsimile, independentphone contact, cable contact, etc. The proffer is typically accompaniedby a solicitation to consummate the transaction. The results of theproffer response thereto may be utilized in the modification or updatingof the system for identifying later upsells.

In one aspect of this invention, a method is provided for presentationof information to users of an electronic system comprising the steps of,first, establishing communication between a user of the system and theelectronic system, second, determining characteristics of the user basedat least in part upon the communication between the user of the systemand the electronic system, third, determining the mode of presentationfor the user based at least in part on the determined characteristics ofthe user, and fourth, presenting the information to the user in thedetermined mode.

In yet further aspects of the consummation of either or both of theprimary transaction or the derivative, upsell transaction, an orderfulfillment system may be utilized. Upon receipt of indication that thetransaction is to be consummated, the system may so designate theproduct, and may automatically provide for shipping and billing of theuser. Optionally, tracking of the item may be included.

In operation, a user establishes communication with a telemarketer(either with the user establishing communication in an inboundenvironment or with the telemarketer establishing communication in anoutbound environment) or through other electronic contact, such asthrough a website contact or hit, upon which identity informationregarding the user is either automatically obtained such as through theuse of ANI or manually obtained, such as through entry of identificationinformation by the user. Examples of website contacts or hits caninclude Internet users directing their web browser software to a URLassociated with the home page of any one of a number of commerciallyavailable Internet search engines. Further, by analyzing the variousdata as taught herein, a given user may be characterized or classifiedas a “shopper” or “researcher” (i.e., one who is actively investigatinga product or service, but not yet ready to buy), or a serious buyer. Theformer may be more interested in sites rich in information, while thelatter may be more interested in retail or other merchant-specificsites. The latter may also be diverted selectively to live operators.The identity information may be specific to the user, or may be moregeneralized such as information relating to the type of primarytransaction or interaction. A second data element is then obtained,preferably from a second, and most preferably remote, database which isthen used in conjunction with the primary transaction or primaryinteraction data so as to select a subset of potential of offers ofgoods, services or information to the user. Upon selection, the goods,services or information are provided to the user, and if the interactionis for the purpose of sale, the transaction is preferably consummated.In the preferred embodiment, inventory checks for the proposed offer, aswell as a credit authorization for the proposed offer, are made duringthe course of the communication, and most preferably, prior to the offerof the secondary item. In yet another aspect, the inventions relate tothe intelligent selection and proffer of goods, services or informationbased upon an initial contact generating at least partial identificationdata, utilizing a remote, external database to develop yet furtheridentification or information respecting the user, utilizing thecollected information in the selection of the good, service orinformation to be provided to the user, and providing the same to theuser. In the search engine context, “information” provided to the usercan include, for example, search results, or offers for goods/servicesthat are presented in connection with such results. The search resultsand/or the offers for goods/services presented therewith can beintelligently and dynamically selected for particular given users basedon the teachings herein, as opposed to presenting the same staticresults or offers to different users who may submit similar keywords orsearch terms. In one application, a user is identified during the courseof a primary transaction, and identification information is utilized inan access of a credit card database, whereby raw, processed or codeddesignator information is obtained from the credit card provider,wherein the information is utilized in the selection of the further goodservice or information to be provided to the user. In yet another aspectof this invention, the mode of presentation of the information to theuser is based at least in part upon the identification informationrespecting the user. The mode of presentation may be varied based ondemographic information, such as age, sex, income, occupation, educationlevel, family status, lifestyle or interests.

In yet another aspect of this system, an electronic system permits theuser of a web or other electronic commerce system to interact with alive operator. In this way, what has heretofore been merelycommunication between a user and a non-human system may divert thetransaction to an operator/transaction assistant.

In yet another aspect, the method comprises obtaining data of atransaction initiated by a user for a purchase of a first good orservice upon receiving a search for the first good or service in asearch engine, generating an offer for sale of a second good or serviceto the user based on the data relating to an identity of the user and anobsolescene of the first good or service measured by passage of time,and presenting the offer for sale to the user during a course of thetransaction.

In yet another aspect, the system comprises an interface for receiving atransaction from a user for purchase of a first good or service based ona search conducted using a search engine, a collection system forcollecting data of the transaction relating to the user and the firstgood or service, an upsell determining unit for determining at least oneoffer for sale of a second good or service for the user based on thedata relating to the identity of the user and an obsolescence of thefirst good or service based on a passage of time, and a communicationsystem for offering the second good or service to the user during acourse of the transaction.

It is an object of this invention to provide an effective, automatedcommercial transaction system.

It is yet a further object of this invention to provide an intelligent,automated system for electronic commerce to provide suggested purchasesof goods or services.

It is yet a further object of this invention to provide methods andapparatus to increase the probability and profitability of commercialtransactions.

It is yet a further object of this invention to provide systems andmethods to optimize or enhance customer or user satisfaction.

It is yet a further object of this invention to provide essentiallyreal-time (during the course of a telephone call or contact) selectionand offer of goods and/or services.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 is a simplified flowchart demonstrating aspects of the upsellsystem.

FIG. 2 is a block diagram of a system for implementing the methods ofthis upsell system.

FIG. 3 is a flowchart for an Internet-based order transaction inaccordance with the invention.

FIG. 4 is a block diagram of a system adapted for telemarketingapplications.

FIG. 5 is a block diagram of a system adapted for Internet or otherelectronic commerce use.

FIG. 6 is a block diagram of the functional aspects of the system.

FIG. 7 is a detailed flowchart for one implementation of the methods ofthese inventions.

FIG. 8 shows a representative screen display for a telemarketingoperator.

FIG. 9 shows a exemplary display for a Internet-based display.

FIG. 10 shows a flowchart for a customer service application.

DETAILED DESCRIPTION OF THE INVENTION

FIG. 1 shows a hybrid block diagram and flowchart of one implementationof the system and methods of these inventions. The simplified depictionof FIG. 1 reflects aspects of a telemarketing implementation, though itwill be understood that various structures and functionalities may beextended to other implementations, such as electronic commerce and thelike.

By way of terminology, when the terms “user”, “system user”, “customer”,“potential customer”, “contact” or equivalent terminology is used, thoseterms are meant to refer to a person or entity to whom the efforts ofthe offering are at least in part directed. Variations in meaning as tothis terminology may be taken from context, as necessary. The terms“good(s)” and “service(s)” while distinct, are intended within the scopeof the patent to be used interchangeably, where appropriate given thecontext. When appropriate from context, a good or service may include acoupon, ticket, card or other promotional material, including printedmaterial, having a value designator. The term “upsell” means an offer orprovision of a good or service which is selected for offer to thecustomer and differs from the good or service for which the primarycontact was made. The term “upsell” is not limited to the context inwhich a primary transaction is intended to be a sales transaction, butadditionally includes the offer of a good or service offered inaccordance with the selection criteria of the invention even if theprimary transaction is not principally sales motivated, such as where aninitial contact is for service or repair purposes. The use of “he” isgender neutral, and may be read as “he”, “she” or “it”. When the term“and” or “or” is used, they may be read in the conjunctive or thedisjunctive, where appropriate from context.

Initially, a system user contacts the system for purpose of a primarytransaction. As explained, however, the transaction need not be aconsummated transaction. If the system user is a potential customercontacting a telemarketing system, at action (statement) block 10 atelemarketing operator may interact with the potential customer and takethe order entry data for the primary transaction. Either upon completionof the primary transaction, such as through consummation of a sale or byprogram flow to further action prior to consummation of a sale, action(decision) block 12 is arrived at wherein data, such as order data orother primary transaction data is compared to one or more databases foranalysis. The primary transaction may be a contact for a sale or othercommercial transaction, a service or repair transaction or interaction,or may be for the purpose of an inquiry.

As depicted, a first database 14 coacts with action block 12. Typically,the database 14 is a locally resident database, such as thetelemarketers own database. It should be understood that a locallyresident database refers to any database configured for any access bythe telemarketer, not necessarily one that is located at thetelemarketer's site. Database 14, if a resident database, may handlematters requiring relatively quicker response, such as correlatingautomatic number identification (ANI) information received over thetelephone or communication network with other identification or priortransaction information on the caller.

One or more other databases (database A-database N), such as database A16 and database B 18 may be coupled to action block 12. As depicted,database A 16 is coupled via coupling path 24 to database B 18.Additionally, coupling path 26 interconnects action block 12 anddatabase A 16. Similarly, action block 12 is coupled to database B 18via coupling path 28. Any of the databases 14, 16, 18 may beinterconnected as desired consistent with the intended functionalitiesof the systems described herein. Thus, though not expressly shown, theresident database 14 may couple to database B 18, either directly or viaa path such as through action block 12 to coupling path 28, or viaaction block 12, coupling path 26, database A 16 and coupling path 24.These databases may be accessed simultaneously, or in any combination ofparallel, serial, sequential or time access. Preferably, the accessingof multiple databases is performed in a manner to minimize any delay ineffecting a real-time proffer to the user.

Secured communications are preferably utilized within some or all of thesystem. For example, encrypted messages or data may be utilized, such aswhen transmitting raw or analyzed data from, to or between data bases.Further, privacy concerns are addressed by precluding or inhibiting thesharing of information between users, or between various database ownersor content providers. Further, security qualification or entitlementrestrictions may be utilized such as to the entire system, or parts ofthe system, such as databases.

Sources of input information for the system, such as primary transactiondata and other input data for the upsell identifying system may comefrom any or all of action block 10, or other databases 14, 16 and 18. Itwill be understood by those skilled in the art that the number andinterconnection of the various databases 14, 16 and 18 has beensimplified for expository convenience, and is not intended to be alimitation on the scope or teaching of the invention. From action block12, after the system identifies one or more upsell items for offering tothe potential customer, offering block 30 serves to provide the selecteditems to the potential customer. In the telemarketing application, thetelemarketer would at this stage have text or other informationavailable to provide to the customer. Typically, a screen pop includinga text directed towards the sale of the upsell item would appear, atwhich point, the telemarketing sales representative would verbally makethe sales presentation to the caller.

Various descriptions of the structure and function of the embodiments isprovided in this patent. However, as is understood by those skilled inthe art, the performance of a given functionality may be distributedamong one or more components, and conversely, multiple structures may berequired to achieve a desired functionality. While the detaileddescriptions herein have been provided with respect to certainallocations of functionality and structure to various items (such aselements of a block diagram or flowchart) the underlying inventionsherein should not be limited to the allocation of those structures,functions, diagrammatic representations or labeling selected forexpository convenience herein. By way of example, while routing oftelephone calls and computer-based call handling have historically beenrelatively discrete, segregable functions, and further segregable basedupon discrete equipment, the trend is towards integration anddistribution of functionality more broadly within a system. Accordingly,the understanding of the inventions herein should be based upon thefunctionality, as implemented by selected structures, though notnecessarily upon which particular unit of structure in which thefunctionality resides.

FIG. 2 is a block diagram of a simplified embodiment of structure usableto achieve the functionality of these inventions when suitably adaptedfor such use. FIG. 3 is a more detailed schematic diagram of onepossible implementation of a structure for use in implementing thefunctionalities of the inventions here. When feasible, the samenumbering will be used in various figures to describe any correspondingelement.

FIG. 2 shows a block diagram of a telemarketing system 40 adapted forcommunication with one or more databases 50, as well as a database 42which may be integral or resident within the telemarketing system 40.Within the telemarketing system 40 are grouped various functionalities,including the telemarketing company operator 42, the database 44resident at the telemarketing system 40 with its attendant computer forprocessing and control, as well as a computer 46 for analysis of theinputs and generation of one or more outputs for provision to the user.One or more external databases 50 may be included within the system. Afirst database A 52 and a second database B 54 are depicted, though itis to be understood that the selection of two databases 50, and theinterconnection therebetween, is selected for expository convenience andis not intended to reflect any limitation on the structure orfunctionality of the system, provided the functionalities of theinvention may be achieved.

FIG. 3 shows a block diagram of one implementation of a telemarketingsystem at a greater level of detail as compared to FIG. 2. While thefollowing description is generally provided in the context of inboundtelemarketing, the inventions herein may also equally be applied tooutbound telemarketing. Users 74 (also known as customers, or potentialcustomers) access the telemarketing system 40 via any known manner oftelephone, telephonic instrument or its equivalent. As shown, telephone76 comprises a touch-tone phone having a handpiece including a speakerand receiver, as well as an array of alphanumeric buttons for actuationby the customer 74. Alternatively, video phone 78 provides for bothaudio communication as well as image or video communication. The videophone 78 includes an array of alphanumeric buttons, a video display 80,typically a handset, and some imaging system 82, comprising a camera orother image generating system. A conventional touch-tone phone 76 may beutilized in association with a separate imaging system 84, if desired.In yet other modes, the customer or user 74 may interact with any otherform of man-machine interface which is consistent with the goals andfunctionalities of these inventions. By way of example, but not oflimitation, the customer 74 may interact with a computer, whether standalone or networked (by local area network (LAN), wide area network (WAN)or otherwise), which includes a communication capability (modem, etc.),or may comprise access capabilities to the Internet or web or internettelevision type systems. While the particular implementations andembodiments of the user 74 interface may vary, any interface whichprovides output to the customer 74 and permits return entry consistentwith the functionalities to be achieved herein is acceptable.Optionally, other devices such as a printer 89 may be included. Thesevarious devices then interface with a carrier 89. The interconnection 88between the end instruments 76, 78 may be of any mode or manner, such asa copper wire connection, cable connection, wireless connection,cellular connection, satellite connection, or any other mode or mannerof connection. Similarly, the communication path 88, and carrier 89 mayutilize any type or mixture of carrier technologies, whether analog,digital, ISDN, or at any rate of speed consistent with the achievementof the functionalities described herein. Preferably, the carrier 89includes the ability for provision of more advanced telephony services,including the provision of DNIS, the dialed number identificationservice, and some form of caller identification such as automatic numberidentification (ANI, caller ID, etc.). Typically, the DNIS and ANIinformation are provided from the carrier 89 to the telemarketer 40 overconnection 90, and may be either in-band or out of band signaling, suchas bead-channel signaling in current time division multiplexed modes ofoperation.

Other illustrative aspects of a user interface can include an Internethome page for a search engine that is adapted to conduct keyword orother types of searches in response to requests submitted by users.Known search engines typically return the same set of results todifferent given users, if those users present the same or similarkeywords for search. Thus, two different users A and B who submit thekeywords “GOLF” and “CLUBS” at the same general time would typicallyreceive the same general results in the same general order ofpresentation. These conventional search results might be characterizedas “static” search results. However, using the teachings presentedherein, such known search engines can be adapted to present differentsearch results to different users, with the search results being ranked,ordered, selected, or presented according to analysis of the varioususer-specific data, factors, and/or parameters disclosed herein.Illustrative and non-limiting examples of such factors can includetastes, interests, or quality expectation parameters of a given user,the location of the user when conducting a search or other primarytransaction, or the time at which such search or transaction occurs. Inthis sense, the search results as taught and described herein may becharacterized as selected “dynamically” or “intelligently” for aparticular user or group of similarly situated users. For example, afirst user may submit a keyword search for “GOLF” and “CLUBS” andreceive a first set of results chosen particularly for that first user,while a second user presenting the same keyword search might receiveanother set of results chosen particularly for that second user.Continuing this example, the first user may be known, for example byapplying the teachings herein, to favor a given retailer. Thus, if thatretailer appears prominently in the search results, the first user maybe more likely to consummate the purchase by hitting the retailer'swebsite, or by contacting the retailer via phone or other means. On theother hand, based on the teachings herein, the second user may be knownto favor a second different retailer, or may be known to be a wholesalepurchaser rather than a retail purchaser, with the search results beingtailored in light of this knowledge. Further, if the different users areknown to favor different brands of goods/services, then thesepreferences can also influence the order and/or the contents of thesearch results. These examples are provided for illustration only, anddo not limit the applications of the instant invention.

Those skilled in the art will recognize that various financial and/orcontractual arrangements to facilitate the above intelligent and dynamicselection process are possible between the search engines and thevarious entities (e.g., online or brick-and-mortar merchants) who may berepresented in search results generated by such search engines. Moreparticularly, fees or rates charged to these entities may be adjusted inlight of the participation of these entities in the intelligent anddynamic selection process taught herein, as compared to conventionalarrangements between such entities and search engines that generate“static” search results. Increased sales possible under intelligent anddynamic selection process as taught herein may justify theseparticipating entities paying a higher fee.

FIG. 3 depicts the telemarketing system 40, and separately identifiesthe upsell system components 70. The upsell system components 70 may beoptionally included broadly within the telemarketing system 40, or maybe provided on a stand alone basis, such as where the upsell system 70is geographically distinct from the telemarketing system 40, and indeedwhere the upsell system 70 may be resident at a third party location andbe utilized by one or more telemarketing systems 40.

The telemarketing system 40 interacts with the carrier 89 viacommunication path 90. Optionally, this path may include variousadditional structures and functionalities as known to those skilled inthe art. For example, automatic call distributors may be utilized at thefront end of the telemarketing system 40 so as to serve a routing,holding and/or load leveling function, either done or in combinationwith other hardware and/or software. Within the telemarketing system 40,one or more operators 42, typically bearing headsets for audiocommunication, interface with terminals 92 which provide for at leasttextual display, and optionally, graphic image or video display. Theoperator 42 interfaces with the terminal 92 through any mode ormechanism, such as a keyboard, mouse or other pointing device, or anyother man-machine interface for data entry or communication.Conventionally, the operator 42 is a live operator, though optionallythe generation of audio images or video for presentation to the customer74 may be synthesized or simulated or represent virtual reality. By wayof example, a text-to-speech unit or other form of recorded speech maybe utilized. An audio response unit 94, also termed an interactive voiceresponse unit, may be utilized to provide some or all of the customer 74interaction. Additional structures and functionalities required for theoperation of the telemarketing system 40 may include local memory 96,local database 98, control (processor unit) 100 to provide overallcoordination and control of the various components of the telemarketingsystem 40 and its interaction with the other units described.Additionally, a printer 102 may be provided for generating a hard copyrecord, such as of order transactions. Additionally, a recording unit104, whether for audio, images, or both, may be included.

The upsell system 70 typically includes a determining or type analysissystem or unit 110 which serves to receive the various inputs for thedetermining unit and to generate outputs relating to possible upsellsfor the customer 74. Optionally, a local database 112 is provided withinthe upsell system 70. Chronological information, such as provided from acalendar 114 and/or clock 116 may be utilized within the system. Thedatabases 50, whether resident or external, are shown as database A 52,in this depiction being a demographics database, database B 54 being acredit database and database C being an inventory database.

Optionally, the system may include an order fulfillment system or unit120 which is coupled to receive outputs from the telemarketing system 40and/or the upsell system 70 indicative of a consummated transactionrequiring fulfillment. Optionally, a billing unit 122 andshipping/tracking unit 124 may be utilized in conjunction with the orderfulfillment system 120.

A simplified interconnection is provided in FIG. 2 and FIG. 3. Theselection and arrangement of the interconnection, as well as itsimplementation, are matters which are known to those skilled in the artand depends upon the particular technology in which the system isimplemented. Any interconnection or mode of implementation may beutilized which is consistent with the achieving of the goals andfunctionalities of these inventions. Yet other modes of accessing thesystem may be utilized. For example, electronic or web access 130generically depicts access through communication networks, such asthrough Internet access, cable, television, direct broadcast, satellitebroadcast, e-mail, facsimile, voicemail or otherwise. The web access 130may connect via web access connection 134 to some or all of the variousportions of the system, such as the shipping/tracking unit 124 so as tocheck on shipping or delivery information, the billing unit 122, or todirectly access the upsell system 70 as a variation on the point ofentry into the overall system. When considering access in anon-telephonic, though still electronic manner, reference should also bemade to the descriptions of FIGS. 4 and 5 relating to Internet orweb-based access and systems. Returning to the search engine examplediscussed above, the term “primary transactions” as used herein canencompass requests by users for keyword searches, using, for example, anInternet web page hosting or supporting a search engine. Further, inother aspects of the invention, the term “primary transaction” can alsoencompass subsequent transactions conducted by the user with one or moremerchants listed in the search results. In light of this teaching, asearch engine website may serve as a non-limiting example of anInternet- or web-based system as taught herein.

The depictions in FIG. 2 and FIG. 3 will be used now for a briefdescription of one mode of interaction of the customer 74 with thetelemarketing system. A customer 74 may utilize a video phone 78 to diala toll-free telephone number in response to observing a promotion for agood or service. The carrier 89 effects telephonic connection to thetelemarketing system 40 preferably providing DNIS information which isutilized by the control unit 100 and local database 98 to provide atextual display on terminal 92 for use by the live operator 42 ininteracting with the customer 74. Additionally, the carrier 89 mayprovide caller identification data, such as ANI data, which may beutilized by the control unit 100 to retrieve information from thedatabase 98 particular to the customer 74. In addition to database 98,geographic designator programs exist which may be utilized to receiveANI data and to identify the geographic location of a customer such asby zip code, or more particularly, by zip code plus four. Based upon theretrieved information as provided to the live operator 42, a dialog isconducted relating to the primary transaction for which the customer 74made the primary or initial contact with the system. While handling theprimary transaction, the system may access one or more databases 50,such as a credit database 54 and a inventory database 56. If the user'scredit card number has been obtained, such as during the primarytransaction, or is otherwise known to the telemarketer through priorcontacts or is devined via a correlation system, the credit card numbermay be utilized to obtain raw or analyzed data regarding the caller. Theresponse from the credit card issuer or processor may be specific, suchas providing data on the user's income, sex, history of purchasetransactions or any other personal or demographic information known toit, or may provide a analyzed, coded message in response. The creditinformation, personal information, demographic information, possessioninformation or other form of input data is then used by the system togenerate the upsells or other real time provision of a secondarytransaction. The secondary transaction may relate to the offer of a goodor a service, or to a coupon, ticket, card or other promotional materialhaving a variable or designated value for the purchase, lease or otheracquisition in the future of a good or a service. In the preferredembodiment, there is a real time offer during a real time transaction.If the transaction is consummated, an indication may be provided to anorder fulfillment unit 120 and attendant units such as the billing unit122 and shipping/tracking unit 124.

Within the contemplation of the inventions, while a customer 74 isinteracting with the operator 42 with respect to the primarytransaction, the upsell system 70 is obtaining various input informationfor generation of a potential upsell item. As shown in FIG. 2, dataregarding the instant call 60 may pass from the telemarketing system 40to various databases 50, such as directly through path 62, oralternatively, from database A 52 to database B 54 via path 70. DatabaseA 52 may provide in return analyzed or raw data 66, and similarlydatabase B 54 may provide analyzed or raw data 64 to the analysis system70 for processing in accordance with the inventions herein. Upongenerating the potential upsells, that information is provided to thetelemarketing system 40, for presentation to the operator 42 on theterminal 92. As described in more detail in connection with FIG. 8,multiple options may be presented for selection by the operator 42. If atransaction is then consummated with respect to the upsell, the orderfulfillment unit 120 and associated units may be utilized as inconnection with the primary transaction. As described further below, thedata from the proffer of the upsell may then be utilized in subsequenttransactions, such as by storing the information in memory 96, or byutilizing it in connection with the determining unit 110.

Reference has been made to the provision of analyzed or raw data 66 inconnection with databases 52, 54. The following discussion appliesgenerally with respect to the form of data provided. A database accessmay provide raw data, such as specific data relating to a given user,e.g., a particular user's income. A system may also provide analyzed orprocessed data, such as where not all of the data provided is raw data,but includes processed data, e.g., a coded designation indicative ofcertain aspects of the user. By way of example, third party databasepossessors often maintain substantial raw data specific to theircustomers. Financial institutions and transaction processors, such asbanks, brokerages, credit card issuers, credit card processors, haveextensive databases either from data provided to them such as throughapplication, forms or which is known to them due to their continuedcourse of contact. For example, a credit card company may both knowspecific raw data relating to a customer through the customer'sindication of its income on the original application, but may alsopossess data relating to purchases (such as transaction frequency,amount, type, item and location) which are obtained in the course ofprocessing the transactions of the user. The third party database ownermay be unwilling or unable, e.g., due to legal restrictions, fromproviding the raw data to other parties for their use in telemarketingor electronic commerce applications. However, process data which doesnot specifically reveal information of the user may be provided. Forexample, a coded designator may be provided from the third partydatabase to the transaction or upsell processor, typically throughagreed upon codes and formats, whereby the required information isprovided, but in a generic enough manner so as not to raise privacy orother concerns. For example, a designator code XYZ may relate to a userwith an income over $50,000, expected net worth of $75,000, is ahomeowner, and has an interest in stereo equipment. In this way, thespecific confidential information of the user may be preserved, whileproviding effective input for the processing or upsell system. One ormore coded designators may be provided. Coded designators may beprovided at a finer level of granularity, such as one designator toindicate whether or not the user is a homeowner, has an income within adefined range, etc. In this way, multiple designation may provide a morecomplete description.

FIG. 4 shows a simplified flowchart and block diagram depicting anInternet, web-based or other electronic commerce system for performanceof the inventions herein. FIG. 5 shows a detailed block diagram of oneoptional implementation of such a system. To the extent that descriptionprovided with respect to other figures described the same or similarstructure or functionality, the description is incorporated herein byreference.

As shown in FIG. 4, a user interacts with the system via contact block140 such as by having a primary transaction comprising an Internet ordertransaction being entered or effectuated by a user at a personalcomputer (PC) terminal. During the course of the primary transaction,processing step 142 serves to receive data at an addressed website andprocess the primary transaction. That transaction may be optionallyconsummated or not as suits the overall purpose of the transaction. Byway of example, if the upsell serves to obviate the purpose for theprimary transaction, such as when the primary transaction is forcustomer service or repair, and the upsell is successful in providingthe customer with a new product in replacement thereof, then the primarytransaction need not be consummated in the manner contemplated by theuser at the point of initial contact 140.

Continuing the illustrative search engine embodiment discussed above,the user may locate the addressed website using a search engine toperform a keyword search related to goods, services, or other subjectmatter sought by or of interest to the user. In some aspects of thisillustrative search engine embodiment, the primary transaction couldinclude, at least in part, the process of locating a given merchant (orthe merchant's website) using an Internet search engine website. Thus, auser interested in purchasing a set of golf clubs might submit a keywordsearch for the terms GOLF CLUBS to any one of a number of Internetsearch engines to locate a merchant dealing in golf clubs. Further, theprimary transaction may include, at least in part, the initial query assubmitted to the search engine. In this example, the informationselected intelligently and presented to the user could include thesearch results themselves, as discussed above, or advertisements orother information presented in connection with the search results.

In further aspects of the invention, a given user may be classified orcharacterized as a “buyer” or a “shopper/researcher”. Results orinformation directed to the former might feature merchant sites moreprominently, while results directed to the latter might feature sitesmore focused on information, user reviews, specifications, discussionforums, professional commentary, or the like, as such may pertain to thesubject matter of interest to the user.

Continuing with the flow of the program, at analysis block 140, thevarious inputs for use by the analysis system are collected, andsubsequently analyzed. In the course of this collection and analysis,various sites, such as the websites own database, 144, remote database A150 and/or remote database B 152 may be accessed. The coupling 154between the analysis system 144 and the website database 146, as well asthe couplings 156 to the external or other databases, 152, as well asany coupling 158 between the databases 146 (coupling to other databasesnot shown), 150, 152, may be implemented as known by those skilled inthe art. The particular selection of interconnections between variouscomponents is left to selection of implementation, where theimplementation merely needs to be consistent with the goals, objects andfunctionalities of this invention. Upon completion of the analysis atanalysis block 144, the output of the analysis block 144 is provided tothe user through action block 148. The upsell data may then be displayedon the caller's PC as an additional offer, or in lieu of the primarytransaction.

FIG. 5 depicts one or more users 160 (also referred to as customers orpotential customers) who interface with the system via a computer 162.Typically, the computer 162 includes a display 164, such as a CRT orflat panel display, some input device such as a keyboard 166, andoptionally a mouse 170 or other pointing device, and may optionallyinclude an imaging unit 168 to image the user 160. Additional devicessuch as a printer 172, such as to provide a permanent transaction recordor to print images regarding proffered goods or services may beincluded. Similarly, a facsimile machine 174 may be included, and may beconnected to a telephone system for effective communication. Again, anytype of human/machine interface consistent with achieving the goals andfunctionalities of the instant inventions may be utilized with thissystem. A carrier 176, such as an on-line access service, cable accessservice, network, or other wired or wireless connection may be used toaccess the desired website 180. As depicted, connection path 178 isprovided which serves as a generalized descriptor for a path, such as aInternet established routing, network routing, or other routing forconnection of the user 160 for the website 180. The term website 180 isnot intended to be a term of limitation, but rather of genericdescription, to be an intermediate or terminal node or contact point inthe effecting of the electronic provision of goods or services so as toresult in commerce or information transfer. While the website 180 may bea site on the Worldwide Web (WWW), it need not be so. The underlyingaspects of this invention more broadly encompass the functionalities andstructures to achieve them, as those particular implementations toachieve them are modified over time. Further non-limiting examples ofthe website 180 can include a search engine website, as discussed aboveand elsewhere herein. The user can employ such a search engine websiteto locate online retailers, or to locate local “brick-and-mortar”merchants dealing with a desired good and/or service. Further, thewebsite 180, or a search engine associated with one or more suchwebsites 180 may be adapted to initiate or propose diverting some users,preferably but not necessarily those identified as “buyers”, “seriousbuyers”, or “well-qualified buyers”, as opposed to “browsers” or“lookers”, to live agents. The selective diversion of selected users tolive agents or operators is to be distinguished from merely offering theopportunity to chat with a live agent to all users, regardless of theirindividual characteristics or qualifications.

The upsell system 190 includes a control and upsell generator system192, such as implemented through a special purpose computer or a generalpurpose computer program or otherwise adapted to achieve thefunctionalities described herein. The program may be implemented in alinear programmed fashion, or may use other decisional bases, such asexpert systems, fuzzy logic, neural networks, adaptive systems, or otherdecisional systems known to the art, and which effectuate the desiredfunctionalities of the inventions. Further, a determining unit 194 maybeincluded to provide an indication of the purpose of the original contactin the primary transaction. Clock 196 and calendar 198 provide date orchronology information, and may be combined as a single unit. Memory 200may serve to store program information, input information to the controland upsell generator 192 or other data required for effective operationof the system. The website 180 may include its own database 202, eitherdirectly connected to the website 180 or to the upsell system 190.Various databases, including database A 204, e.g., a demographicsdatabase, database B 206, e.g., a credit database, and database C 208,e.g., an inventory database, may be accessed. Optionally, an orderfulfillment unit 210, and associated billing units 212 andshipping/tracking unit 214 may be included as described in more detailwith the telemarketing system. The interconnects 220 between the website180 and the upsell system 190, and between the upsell system and variousdatabases 202, 204, 206, 208, as well as the coupling from the upsellsystem 190 to the order fulfillment unit 210. Optionally, a connection224 to a live operator system, such as the telemarketing systempreviously described, may be utilized. In this way, while an initialaccess for a primary transaction is provided to a website, throughprogram flow (where the operator may initiate contact with the user) orat the election of the user (where the user may initiate contact with anoperator) 160 may be placed in connection with an operator. Such anoption provides for the ability to provide individualized interactionbetween the user 160 and the overall system for the provision ofelectronic commerce or information transfer. Continuing the searchengine example discussed elsewhere herein, further non-limiting examplesof “information transfers” as taught herein can include search resultsthat are selected dynamically and intelligently for particular,respective users (or groups of similarly-situated users) who may accessInternet search engine websites to conduct queries. Still furthernon-limiting examples of these “information transfers” can includeadvertisements or other materials that are selected dynamically andintelligently and presented to the user in connection with such searchresults.

The various steps in the typical operation of the overall system willnow be described, with contemplation that the description may apply totelemarketing-based systems as well as electronic commerce-basedsystems, the applicability of the particulars to be taken from context.The description will relate to FIG. 6 which shows various interconnectedfunctionalities, and will relate to other figures when noted. Broadly,the following discussion will relate to the primary transaction, both asto the data and completion or consummation of the primary transaction,second, to the upsell determination or other identification of specificproffers to the user, and finally the conveyance of that information tothe user and the action or consummation taken after that provision ofinformation to the user.

As to the primary transaction data 300, in a first aspect the primarytransaction data may include a type of contact component 304. The typeof contact may designate a purpose, particularly a primary purpose, forthe original contact by the user. By way of example, a type of contactmay be a purchase contact, or alternatively, may be a service contact. Asystem such as the determining unit 194 (FIG. 5) may generate theindication of the type of contact. The type of contact may be determinedfrom the address information utilized by the user, such as wheredifferent telephone numbers are provided for sales as opposed toservices, in which case the dialed number or DNIS information directlyprovides indication of type of contact. Alternatively, the selection maybe designated by the customer, such as where a menu selection isprovided, e.g., press 1 for sales, press 2 for service. The type ofcontact may also be in determinant, such as when the user has contacteda site without a specific purpose in mind. The type of contact may bedefined at various levels of specificity, such as an indication that thetype of contact was for purchasing generally, though without intent asto purchase of a specific item, to the presumption that the type ofcontact was specifically for purpose of a particular product.

A second aspect of the primary transaction data may include customeridentification 302. Customer identification may be specific to acustomer. Examples of specific customer identification would include auser's social security number, customer number, personal identification(PIN) number or other designator uniquely identifying the user. In theelectronic realm, the customer identification may comprise an e-mailaddress, e.g., jasmith@aol.com, and Internet provider identification, ora source designator on a network. Various forms of electronic signaturesmay be provided which serve an identification, verification andauthentication function. Small text files known as “cookies” may alsoidentify a given user or a given computer system, for example, to asearch engine website, in connection with or apart from the variousidentification means discussed herein. In the search engine context,these cookies could enable the search engine to identify the given user,with this identification serving as at least one input to determine whatthe user has searched for or purchased in the past, determine whatgoods, services, information, merchants, or brands may be of particularinterest to the user, and otherwise serve as direct or indirect input tothe upsell/information selection process. Further illustrativeidentification means might include user logins, membership enrollments,profiles created for specific users when they register or enroll forservices, or the like. More generally, any mechanism by which a givenuser or given computer system visiting a given website (such as a searchengine) can be identified may be used in these embodiments of theinvention.

At a lesser level of specificity, namely, one at which a specific usermay not be identified, various forms of identification exists. Forexample, a telephone number may provide geographic indication, such asthrough knowledge of its area code, or provide even more geographicspecificity through the prefix. Other geographic descriptors, such aszip code or the finest level of geographic granularity (zip code plus 4)may be utilized. A residential customer number may not yet specify aparticular customer within a household or location. Other forms ofaddress, such as fax number, may be utilized to provide a localidentification.

The user may be identified in yet other terms. For example, the user maybe identified based upon the specific items being purchased, or morebroadly, the type of item being purchased.

Further, the user may be identified by a quality factor, that is, someindication as to the perceived quality of the goods the purchaser may beinterested in, such as based upon the initial contact. If the potentialcustomer has contacted the system with respect to a high-end product,the system may classify the caller as one interested in high-end goods.Further, the timing of contact may be utilized to classify a caller. Forexample, a “night owl” who contacts the system after midnight topurchase computer products may be identified differently from a user whocontacts the system at 6:30 in the morning.

As yet another aspect of identification, multiple individual items ofidentification may be combined or otherwise utilized in combination toprovide yet further identification, confirmation or verification ofidentity.

While user identity may be obtained from the particular contact with thesystem, that identity, or further identifying data, may be enteredduring a preliminary or registration phase 306. In such a phase,additional information may be acquired. The data may be acquired inresponse to specific questions, or through an iterative or interactiveapproach.

Optionally, the forms of identification may be used in combination toprovide higher level of specificity, such as to move from a localidentification to a specific customer identification. One mode is toutilize further specific identification, such as initials, or tootherwise designate an identity. Alternatively, or in combination, oncethe suspected specific customer identification is arrived at, this maybe confirmed with the user, e.g., by confirming “Is this John Smith?”.Verification may be utilized, such as through provision of personaldata, or through provision of an electronic signature or other secureand verifiable means of identification.

The identification may be obtained either automatically or in annon-automatic fashion. Automatic collection of identification mayinclude the receipt of ANI information or electronic identification forelectronic commerce or information provision. Non-automatic methods mayinclude data entry, typically in response to prompts, such as throughuse of an interactive voice response unit.

The final aspect of the primary transaction is the completion orconsummation of the primary transaction. In one implementation, theprimary transaction may be completed, such as through consummation of asale or completion of a service call or request. In yet other aspects,the primary transaction may be concluded, though not with the provisionof the originally contemplated good or service. For example, in thecontext of a service contact, if the upsell is successful in providingthe user with a replacement product, the primary transaction need not becompleted. Optionally, at the caller's discretion, the primarytransaction could be completed, such as where a caller does purchase areplacement product, but yet still wishes to obtain service on theproduct which form the basis for the original contact, and for theupsell.

After the primary transaction phase 300, the item selection phase 310 isentered. Within the overall contemplation of the system, it may bedesirable to include a correlation unit 312 for matching one or moreinitial contact designators with yet another designator adapted for usein subsequent processing, such as database access. For example, when acaller's telephone number is obtained, and a specific identificationarrived at, the correlation unit may provide the user's social securitynumber for further access to databases in which that number provides akey or address. By way of example, third party databases may requirespecific forms of identification for accessing the databases, such as acombination of social security number and PIN number and thatinformation may be provided from the correlation unit based upon theidentification data obtained from the user. In this way, differentoutputs may be utilized for accessing third party databases, keyed tothose databases, without requiring the user to excessively inputidentification information. Once the correlation unit has obtainedunique, individual identification, it may provide the other forms ofidentification to yet further databases or other components in thesystem.

The identification of an upsell product or offer is divided into theaspects of identification and obtaining of inputs 300, the upselldetermination 310, the output for subsequent offer 350 and, ifapplicable, order handling 360. As to the inputs for the upselldetermination, they include the identification data 302, describedpreviously. Further, demographic data 316 may be utilized relating tothe user. The demographic data may be obtained from a database and beeither raw data 316′ or analyzed data 316″. Data relating specificallyto the customer 320 may include age, sex, income (either actual orestimated), profession or occupation, education level, family status,e.g., married, divorced, widowed, children, grandchildren, and specificdata relating to them, lifestyle indicators, e.g., active outdoor, etc.,address (specific address, city of residence, county of residence, stateof residence, zip code, zip code plus 4), known interests, knownsubscriptions, known affiliations (e.g., service organization, alumniassociation, fraternal organizations, charitable organizations, etc.).In addition to specific information on users, the user may be associatedwith a code or designator which indicates others of a expected orsuspected similar set of interests or reactions to an upsell. Forexample, the system may identify by code “422” those who are males inthe 35-40 year old age bracket, with incomes in excess of $40,000 peryear, with an interest in computers. That code may then be used as aninput to the upsell selection system.

Credit data 332 may be checked in the course of the primary transaction,as well as in the course of generating inputs or processing for theupsell determination. In one aspect, the credit verification may takeplace in conjunction with a credit verification for the primarytransaction. If the primary transaction is a purchase transaction, thecredit verification may be obtained for the primary transaction, andthen either obtain a specific credit authorization for an amount equalto the expected upsell, or obtain an indication of the amount ofavailable credit remaining. If the amount of available credit remainingis provided, that will provide an indication of the preferably upperbound on the cost of the upsell offer.

Yet another form of database information includes inventory data 336. Indetermining the items for upsell, the inventory database may beconsulted before, during, or after the upsell determination. The upsellmay discount the offering of a product which is unavailable at thattime. In another aspect, the system may yet still offer the product ifit will become available in a timely manner. As yet a further aspect ofinventory status, a delivery time window may be included, such that ifthe product cannot be obtained from inventory and delivered to thecustomer in a timely manner, that product is not offered as an upsell.

Third party possession 338 databases may be utilized. A manufacturer maymaintain a database which maintains what it believes to be an accuratecount of items possessed by the user, or an intended recipient of thesale or upsell. For example, a seller of china or formal dining servicesmay maintain a database of the number of place settings of a particularpattern owned by a potential recipient of yet further settings orrelated goods. In this way, an input to the upsell determination unitmay include the offer of specific items of merchandise which complete orcompliment existing possessions.

Turning now to the upsell determination 340 or the selection of theproduct or service for offer, generally, the system comprises a multipleinput, dynamic, preferably real-time system for the selection of asuggested product or service to offer to a potential customer or user.The process includes the identification or selection of a set or subsetof all possible goods or services available for offer, with the goal ofoptimizing the likelihood of upsell, as well as achieving customersatisfaction.

In one aspect, the upsell determination system may utilize, in whole orin part, a system which bases the offer of an upsell based upon priorsuccessful upsells. Thus, if a customer is categorized as being in class422 who called a telemarketer to buy product X, and was successfullyupsold product Y, if a later customer in class 422 contacts the system,the past success may be utilized as a factor in again offering theproduct Y to the caller.

Various historical factors relating to a specific customer, or to knownclasses of customers may be utilized. The selection criteria may includenegative decision criteria, such as not trying to upsell a customer onan item that the system knows he has previously purchased, or haspreviously been offered but declined to purchase. The system may utilizeprior purchases as a factor in determining the upsell for offer. Priorpurchases may indicate areas of interest, suggesting the offer offurther goods within that general area of interest. For example, acustomer who has previously purchased clothing for use in mountainbiking may be more susceptible to an offer for mountain bike relatedgoods or services. In a similar vein, theme sales may be utilized. Whenit is known that the customer has previously purchased a portion of aset, the completion of the set may be a goal. Certain theme sales arebased on periodic introduction of a new item, such as a yearly additionof a tree ornament or the like.

Other factors affecting the upsell may include inputs comprising areasof interest, such as based upon known subscriptions, prior contact ofthe user to other sites, such as other Internet sites may be utilized bythe system to determine a user's possible interests, and therefore,their susceptibility to the upsell of particular goods or services.These factors can further include, but are not limited to, data relatedto visits to one or more Internet search engine sites by the user inconnection with locating information relating to items of interest tothe user, or locating merchants dealing with such items. Any datarelated to previous keyword or other searches conducted by respectiveusers may be input into the upsell, including for example, the keywordsthemselves, the results of searches for given keywords, sites within theresults that are actually visited by the user, the amount of time spentby the user at these various sites, web pages devoted to particulargoods/services or to particular brands of goods/services, or the like.Further, any of these types of website-related identifiers or dataelements can be combined or analyzed in connection with the otherexamples of data elements described elsewhere herein. If datarepresenting the user's physical location is available to the upsell(e.g., user keys in ZIP code, upsell system refers to cookies or tosecondary source such as previous orders placed by the user, etc.), thenthe upsell system as implemented in this search engine context canfactor-in this location when formulating ranking, or ordering the searchresults provided to a given user, for example, those merchants closestto the user may be placed prominently in the search results provided tothe given user. This feature enables the user to minimize shippingcosts, and can also enable the user to visit a merchant's store for ademo or to purchase the item, thereby eliminating shipping costsaltogether.

Yet another aspect of basing the upsell selection on prior purchases mayinclude upgrades to prior purchases. For example, where the systemdetermines that the user has previously purchased a computer of a givenmake and model, the system may offer as an upsell a good or serviceparticularly adapted to improve the performance of the system of theuser, such as provision of additional memory, or other modifiedcomponent. Similarly, if a user is known to have a given version ofsoftware, the system may elect to offer a new version of the software.Obsolescence of prior purchases may be determined. This may be from thepassage of time, updating of a product, or outgrowing of a priorpurchase.

Yet other facts affecting an upsell may include relative considerations.For example, relative proximity to key calendared dates 318 for theuser, or others associated with the user, may be incorporated. Therelationship of traditional gift giving days to the date of contact maybe utilized. Examples would include proximity to known birth dates,Christmas, Hanukkah, anniversaries, Valentines Day, etc. Further, familyor relationship status may be utilized, such as offers of products forpurchase for children, grandchildren, or others with whom there is aknown established relationship.

The frequency of the upsell may be varied based upon expectedreceptiveness to the upsell at that time. Certain users may, throughpast particular experience with that user or through assumeddesirability based upon studies of others, may determine the frequencywith which upsells should be offered, whether to offer an upsell everytime there is a contact, every other time, only in association withcertain days or date (such as pay days), etc. The frequency may also bedecreased if the user has manifested a lack of receptiveness to theoffers in the past, or to a certain type or class of offer.

Multiple upsell items 326 may be utilized. In the telemarketing context,the telemarketer may have displayed to them multiple options, either forselection by the telemarketer, or for sequential presentation to thecaller. In the electronic commerce context, multiple offers may be madesuch as on a screen, or provided sequentially to the caller. In thiselectronic commerce context, and continuing with the search engineexample discussed elsewhere herein, a user can conduct a primarytransaction in the form of a keyword search submitted to a search enginewebsite. This user may, in turn, receive upsell items in the form ofintelligently and dynamically selected search results, accompanied byone or more intelligently and dynamically selected advertisementsrelated to the user and/or the subject matter for which the usersearched. These intelligently and dynamically selected advertisementscan take any form known to those skilled in the art, such as “hotspots”, hyperlinks, or “hot links” within an existing window that areresponsive to user input (such as mouse clicks) to direct a user'sbrowser to a second URL. Further illustrative but non-limiting examplescan include additional pop-up windows, rotating banners, or the like.

The third main component of the upsell consists of the actual offer 350of the upsell to the user. In the event of a telemarketing upsell offer,the typical mode would include a display on the telemarketers screen ofvarious script or product information 354, which is then provided to thecaller. FIG. 8 shows a representative screen for a telemarketer display.The display 270 may include script 272 for use by the telemarketer forinteraction with the caller. Specific upsell scripts 274 may beprovided, either as a single option for the telemarketer, or to providemultiple options for selection by the telemarketer. Soft keys or icons276 provide for selective identification of entry by the telemarketer.Various text or numeric based fields 280, 282 may be provided for entryof information, such as order entry, and specifically includingidentification data 280 and address data 282. This data may be initiallyprovided automatically from the system, for possible confirmation by thetelemarketer, or may be initially input by the telemarketer. Optionally,if image information is provided during the transaction, image 278 maybe depicted on the display 270. By way of example, if a video phonesystem is utilized, the image of the caller may be displayed.Additionally, or alternatively, if image or video is provided from thetelemarketer to the customer, those images may also appear on thetelemarketer's screen 270 in region 278 to provide the telemarketer thesame (though possibly in reduced size such as a picture-in-picture)which is simultaneously being provided to the customer. An order entryicon, tab or button bar 284 may be utilized.

The mode or manner of the offer 352 to the customer may also be varied.The customer's prior history or a determined optimum mode or manner ofoffer based upon customer designation may be utilized. Certain customersor customer designations may be best offered the upsell in abusiness-like, straight-forward manner, e.g., “We have a special offerfor you today . . . ”. Other potential customers who have manifestedless than an eagerness to be upsold in the past may be initiallyaddressed with a message of an apologetic tone, e.g., “I know you to nottypically consider other times, but we have something that we think youwill find worth your time to consider . . . ”. Yet other presentationsmay be in a more elaborate or flowery manner, such as in the addition ofmusic, other audio, images, video. The coded designators, or other dataregarding the user, may be used in determining the mode or manner of theoffer.

If the upsell is consummated 356, the order may be confirmed. Thatconfirmation may be printed, if desired. Further, the customer may beprovided with a confirmation number. If a shipping/tracking unit 364 isutilized, the tracking information, and the mode of accessing thatsystem, may be provided to the customer. In the event the upsell offeris not consummated, the user may be offered an alternative upsell 358.The alternative upsell may be determined before the initial upsell, ormay be recomputed, wherein one of the inputs to the determination systemincludes the negative result from the first upsell offer. Optionally,the customer may be queried regarding their reaction, either positive ornegative, with respect to the initial upsell offer, so as to provide yetfurther specific inputs to the upsell determination system.

The system may be modified over time. For example, the success of priorupsells of specific items may be further incorporated in the decision asto the upsell offers 370. This modification of the rules over time maybe either done in real time, or on a periodic basis, such as in a batchmode. Further, the system may receive data from users after the receiptand use of their obtained goods or services, such as wherein thecustomer satisfaction with the goods and services is then incorporatedin the decision criteria for the upsell offer.

FIG. 7 shows a flowchart for one possible path through the system. Uponreceiving an initial contact 230, the transaction type may be determinedat step 232. Various identification determinations 234 may be collectedand then used in determining whether any limitations 236 are to beapplied, which if not, the transaction may then be conducted at step238. Optionally, a credit check 240 may be performed, either for theprimary transaction alone, or further, for a potential upsell. Theinputs having been collected 242 from prior interaction, database checks244 may contact and interact with database A 246, database B 248, . . .database N 250, possibly under control when coaction 252 is required.The inputs having been collected are then provided 254 to the system.Optional inventory checks 256 may be performed and then utilized step258 to determine if the potential upsell item is available. Once theupsell has been determined, the upsell may be offered in step 260, whichif purchased at step 262 may then be confirmed and sent to orderfulfillment step 264. Optionally, further items may be offered, step266, in which case the upsell determination may be repeated, or thepreviously determined second upsell item offered. Typically at the endof the transaction, at step 268 the system will update various databasesas appropriate and the upsell system, including the criteria fordetermining the upsell.

In the offering mode of the website, one variation may include theability to transfer from the website to a live operator. Such a transfermay be useful wherein the potential customer is interested in obtainingfurther information regarding the offered product, or has queries whichcannot easily be addressed in a web or electronic commerce context. Asdescribed in connection with the telemarketing screen, FIG. 8, thescreen for the electronic commerce applications may include a display ofthe live operator, and may also include a display on the live operatorconsole of the customer, if desired.

With regard to the billing system, in one aspect of this invention, itis possible to allocate billing 368 for use of the system. For example,if the primary transaction is financed by company A, and an upsell inthe economic interest of company B is successfully effected,piggy-backing on the primary transaction of company A, an accord orallocation may be made between company B and company A regarding paymentfor the services. Typically, company B would make a contribution tocompany A, or in some manner reduce the cost for company A to conductthe primary transaction. Consistent with the allocation of expensesbetween two or more companies, it should be expressly noted that in theupsell system of this invention, the goods or services offered may comefrom independent sources. That is, the primary transaction may relate toa good or service from company A, and the upsell relate to a good orservice from company B, where company A is unaffiliated with company B.

FIG. 9 shows a highly simplified depiction of a display such as used inone implementation of a electronic commerce application utilizing theinventions of this system. The overall display 400 may include textualinformation 402 identifying the affiliation of the provider of the goodor service. A graphical depiction 404 of the good or service may beprovided, which is either a still image or includes motion. Informationregarding features 406 may be provided as well as may be the terms 408of sale, lease or other interchange. Optionally, a display 410 providesa video feed such as from a telemarketing or other operator assistingthe user, or provides a created image regarding a assistant for thetransaction. Speakers 412 may be optionally utilized to provide audioinformation, either being one-way communication or two-waycommunication. Typically, some sort of a pointer 414 is displayed onscreen 400 to designate the area of data for entry. For example, anacceptance 422 region may be clicked, or double clicked as required, toaccept an offer. Optionally, an electronic coupon 420 or other form ofcoupon may be provided to the user in a real time manner for later use.The coupon may be for a discount on a later purchase, or may otherwisebe a form of incentive to the customer, such as the award of creditswhich may be accumulated for exchange into other goods or services.

FIG. 10 shows a high level flowchart for a customer service operation.Upon customer contact 430, the purpose of the call 432 may bedetermined. The purpose may be determined such as from knowledge of DNISas indicating a customer service number, or by response by the customerto queries, such as from a live operator or interactive voice responsesystem (e.g., press 1 for purchase, press 2 for service . . . ).Decision block 434 optionally provides a preliminary assessment of thelikelihood of interest in an upsell or alternative presentation. In theevent an offer is to be made, checks such as a credit check 436 or otherdatabase check 438 may be made. The input data is then provided to aprocessing, upsell system (as described previously) from which analternative 442 may be generated and offered. The system may optionallythen solicit consummation of the transaction 444, and may, if required,again access for credit determination 446. In the event that it isperceived at decision block 434 that no interest exists in an upsell,the system may continue with the call as originated 440. By way ofexample, assume that a user calls a service number regarding anintegrated cellular phone and paging system. The system may obtain theANI (or mobile identification number) and determine based upon the DNISthat a particular customer is calling a service number. After optionallyconfirming that the call relates to the repair of the phone/pagerassociated with the ANI or MIN, the system may determine that thisproduct is sufficiently old that an upsell should be offered for areplacement item. By accessing a database, such as the cellular systemslocal database, it may be determined that the caller has a nowsupplanted model of phone, and possesses sufficient credit worthiness topurchase a new system. At that point, the system may offer the caller apurchase option for the replacement item, thereby effecting an upsellfrom one transaction type, namely, a service contact, into a separatetype of transaction, such as a purchase transaction of a replacement orsuperior item. In this way, an upsell is effected.

The foregoing cited references, patents and publications are herebyincorporated herein by reference, as if fully set forth herein. Althoughthe foregoing invention has been described in some detail by way ofillustration and example for purposes of clarity and understanding, itmay be readily apparent to those of ordinary skill in the art in lightof the teachings of this invention that certain changes andmodifications may be made thereto without departing from the spirit orscope of the appended claims.

1. A method for providing real-time offers to a user of an electroniccommunication device comprising: obtaining data of a transactioninitiated by a user for a purchase of a first good or service uponreceiving a search for the first good or service in a search engine, thedata relating to an identity of the user; during the course of the userinitiated transaction for the first good or service, determining atleast one good or service currently possessed by the user; andgenerating, by a computer, an offer for sale of a second good or serviceto the user based on the data relating to an identity of the user and anobsolescence of the at least one good or service possessed by the user,wherein obsolescence is measured by passage of time.
 2. The method ofclaim 1, wherein obtaining data of a transaction comprises: determininga type of the transaction; and determining the identity of the user. 3.The method of claim 2, further comprising: determining if a limitationis placed on the user based on the identity; and conducting thetransaction if no restriction is placed on the identity.
 4. The methodof claim 1, wherein generating an offer for sale of a second good orservice to the user comprises: performing an inventory check todetermine if a second product or service is available.
 5. The method ofclaim 1, further comprising: determining if a purchase of the secondgood or service is made by the user; and confirming the purchase andsending the purchase to an order fulfillment system if the purchase ismade.
 6. The method of claim 5, further comprising: determining whetherto generate an offer for sale of a further product or service; andupdating at least one database with a criteria used in determiningwhether to generate an offer for sale.
 7. The method of claim 1, whereinobtaining data of a transaction comprises: receiving the data at thesearch engine; and processing the transaction.
 8. The method of claim 1,wherein generating an offer for sale of a second good or service to theuser based on the data comprises: comparing the data with data of atleast one of a Website database or a remote database.
 9. A system forproviding real-time offers to users of a system, comprising: aninterface configured to receive a transaction from a user for purchaseof a first good or service based on a search conducted using a searchengine; and an upsell system configured to: determine during the courseof the transaction, at least one good or service currently possessed bythe user; determine at least one offer for sale of a second good orservice for the user based on the data of the transaction relating tothe user and an obsolescence of the at least one good or servicepossessed by the user, wherein obsolescence is based on a passage oftime; and provide the offer for sale of the second good or service tothe user during a course of the transaction for the first good orservice.
 10. The system of claim 9, further comprising an identificationdata unit to obtain the identity of the user and of the first good orservice for purchase in the transaction.
 11. The system of claim 10,wherein the identity of the user is obtained from at least one of acontact between the user and the search engine, a registration by theuser, or a verification by the user.
 12. The system of claim 10, whereinthe identification data unit is configured to obtain the identityautomatically or non-automatically.
 13. The system of claim 12, whereinthe identification data unit is configured to obtain the identityautomatically from an automatic name identification of the user.
 14. Thesystem of claim 12, wherein the identification data unit is configuredto obtain the identity non-automatically from at least one data entry bythe user.
 15. The system of claim 9, further comprising a possessiondatabase configured to store data related to the first good or service.16. The system of claim 10, further comprising a database coupled to theupsell system, wherein the database is configure to store the datarelating to the user.
 17. The system of claim 10, wherein the at leastone possessed good or service is a prior purchase by the user.
 18. Thesystem of claim 17, wherein the obsolescence of the at least onepossessed good or service is part of historical data of the priorpurchase.
 19. The system of claim 10, wherein the offer for sale isspecific to the user.
 20. The system of claim 9, wherein the upsellsystem is further configured to collect data of the transaction relatingto the user and the first user.